In a statement of claim filed in United States District Court of New Jersey Newark Division, a 38-year-old Joseph Eugene Cook Jr. says he “was prescribed Nexium on numerous occasions, beginning as early as April 19, 2007, and consistently thereafter through April 4, 2016”.
Cook claims that his “kidney function began to progressively decline and he now suffers from Stage II kidney failure”. He alleges, in the documents filed, that “he sustained severe and permanent personal injuries, pain, suffering, economic loss, and emotional distress”.
The plaintiff is represented by Levi Plesset, from the Los Angeles law firm of Milstein, Jackson, Fairchild & Wade. “Our client is looking for compensation for his medical bills, future healthcare, and emotional distress; as well as deterring pharmaceutical companies' behavior that puts the public at risk,” comments Plesset.
Nexium is one of a class of drugs known as Proton Pump Inhibitors or PPIs that work by blocking the production of gastric acid.
AstraZeneca’s Nexium is one of the most prescribed medications in the United States and is used to treat conditions such as gastroesophageal reflux disease (“GERD”), dyspepsia; acid peptic disease, Zollinger-Ellison syndrome, acid reflux, and peptic or stomach ulcers.
READ MORE PROTON PUMP INHIBITOR LEGAL NEWS
The Nexium product label does not carry a warning about the possible effects to kidney function. According to Cook’s claim had he known there was risk he would not have used the medication. Causes of action list failure to warn, defective design, and breach of warranty.
Cook’s case now moves forwards into the MDL phase of PPI litigation against AstraZeneca.
Milstein, Jackson, Fairchild & Wade are representing 65 clients with claims against AstraZeneca for personal injury related to the use of PPIs.
Cook v AstraZeneca Pharmaceuticals Case 2:17-cv-07559-CCC-MF